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Ohio - BMV Order - License Plate Seizure

06-24-2016, 12:04 PM

Hello-

I tend to run quite a few plates through my MDT while on patrol. Many times I find a suspended driver or a person with a entered warrant. I know many times when the RO is under a Financial Responsibility Suspension, the BMV will order the license plates to be seized and I will see that under the vehicle.

How would you handle the following scernario?

I run the license plates on the vehicle in front of me and the vehicle shows the RO is suspended - Financial Responsibility. I pull alongside the vehicle and see the driver is the not the RO. On my MDT, I see the vehicle's license plates need to be seized per BMV (ORC # 4509.101). I have not observed a traffic violation to stop the vehicle. Do I have the right to stop the vehicle just based upon the order from the BMV?

I did find the following through the ORC 4510.16:

(A) No person, whose driver's or commercial driver's license or temporary instruction permit or nonresident's operating privilege has been suspended or canceled pursuant to Chapter 4509. of the Revised Code, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509.

Now the only case law I found, the RO was the driver but the court also said the owner could not allow someone to drive the vehicle due to the insurance issue.

I tend to run quite a few plates through my MDT while on patrol. Many times I find a suspended driver or a person with a entered warrant. I know many times when the RO is under a Financial Responsibility Suspension, the BMV will order the license plates to be seized and I will see that under the vehicle.

How would you handle the following scernario?

I run the license plates on the vehicle in front of me and the vehicle shows the RO is suspended - Financial Responsibility. I pull alongside the vehicle and see the driver is the not the RO. On my MDT, I see the vehicle's license plates need to be seized per BMV (ORC # 4509.101). I have not observed a traffic violation to stop the vehicle. Do I have the right to stop the vehicle just based upon the order from the BMV?

I did find the following through the ORC 4510.16:

(A) No person, whose driver's or commercial driver's license or temporary instruction permit or nonresident's operating privilege has been suspended or canceled pursuant to Chapter 4509. of the Revised Code, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509.

Now the only case law I found, the RO was the driver but the court also said the owner could not allow someone to drive the vehicle due to the insurance issue.

Comment

I tend to run quite a few plates through my MDT while on patrol. Many times I find a suspended driver or a person with a entered warrant. I know many times when the RO is under a Financial Responsibility Suspension, the BMV will order the license plates to be seized and I will see that under the vehicle.

How would you handle the following scernario?

I run the license plates on the vehicle in front of me and the vehicle shows the RO is suspended - Financial Responsibility. I pull alongside the vehicle and see the driver is the not the RO. On my MDT, I see the vehicle's license plates need to be seized per BMV (ORC # 4509.101). I have not observed a traffic violation to stop the vehicle. Do I have the right to stop the vehicle just based upon the order from the BMV?

I did find the following through the ORC 4510.16:

(A) No person, whose driver's or commercial driver's license or temporary instruction permit or nonresident's operating privilege has been suspended or canceled pursuant to Chapter 4509. of the Revised Code, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509.

Now the only case law I found, the RO was the driver but the court also said the owner could not allow someone to drive the vehicle due to the insurance issue.

I know this sounds funky but since this is really an Ohio specific question I would post this in the Ohio section for better results

Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

Comment

(A) No person, whose driverâ€™s or commercial driverâ€™s license or temporary instruction permit or nonresidentâ€™s operating privilege has been suspended or canceled pursuant to Chapter 4509. of the Revised Code, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509. of the Revised Code. No person shall operate a motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period in which the person is required by section 4509.45 of the Revised Code to file and maintain proof of financial responsibility for a violation of section 4509.101 of the Revised Code, unless proof of financial responsibility is maintained with respect to that vehicle.

Here are problems I see:
First, it is going to be hard to prove that the owner of the vehicle in question knowingly allowed the operator to operate the car. Obviously, if there is an admission on the part of the operator (or later the RO), that is very helpful in proving the knowledge element. This is a consistent problem that we have had with the proving violations of the Wrongful Entrustment statute (ORC 4511.203), where itâ€™s been difficult to prove that the owner knew the operator did not have a valid license at the time the owner lent the car to the operator. At least in the Wrongful Entrustment it says â€œknows or has reasonable cause to believe that the other person does not have a valid licenseâ€, which would give more leeway for that charge â€“ and less for the FRA DUS.

Second, if proof of financial responsibility is maintained on the vehicle, there is no violation of this code section. That could have been provided at the time of registration in accordance with 4509.44 or could be an SR-22 Bond or certificate of deposit money, etc., as required in 4509.45.

Finally, if there is found to be a violation, it would be on the part of the RO, which means you would have to track that person down in order to cite him/her and serve him with a copy of the ticket.